The government wants to change that with the Self-Determination Act, which the Bundestag voted for this Friday. An overview of the most important questions and answers: What should change with the new law?
In the future, it should be easier to have your gender and first name officially changed. To do this, those affected should only have to submit a declaration to the registry office – without a medical certificate, expert report or court order.
Who does it affect?
According to the Family Ministry, the focus is on three groups: transgender, intersex and non-binary people. Transgender people – also known as trans people or trans people – do not identify, or only identify, with the gender they were assigned at birth. Many of them live with the feeling of being in the “wrong body”. Things are a little different with intersex people: They have innate physical characteristics that cannot be clearly classified as male or female. In addition to sexual characteristics, this can also affect the set of chromosomes or hormone production. Non-binary refers to people who do not feel they belong to any gender.
Why are new rules needed?
The transsexual law from 1980 is currently in force in Germany, but the new law no longer applies. Until now, those affected had to endure a lengthy and expensive procedure with reports and court orders if they wanted to have their gender entry, including their first name, changed. Until 2011, transgender people even had to be sterilized. The current legal situation violates human dignity, says the federal government’s queer commissioner, Sven Lehmann. The German Psychotherapists’ Day has also been advocating for a long time to reduce hurdles for those affected.
Does age play a role in changing gender entry?
Yes. Different rules apply depending on age. Minors under the age of 14 are not allowed to submit the declaration to the registry office themselves. The legal representative must do this. If the person is at least 14 years old but not of legal age, they must submit the declaration to the registry office themselves, but they need the consent of their legal representative to do so. If he doesn’t agree, the family court can get involved. If both parents have custody and cannot agree, they are required to make a decision in the best interests of the child. Otherwise, the family court can also bring about a solution here. Adults generally make the declaration themselves without the need for further consent or advice. However, a change is only possible a maximum of once a year.
Does the first name always have to be changed?
In principle, yes, unless the old first name also matches the new entry. Basically: The first name must correspond to the gender entry. For example, if you choose the entry “male”, you cannot enter Bettina or Julia as your name. Overall, as before, there is a choice between “male”, “female” and “diverse”. Those affected can also decide not to provide gender information. A separate change of the first name without changing the gender entry is not possible based on the Self-Determination Act.
When do the new rules apply?
From November 1, 2024 – provided that the Bundestag gives the green light. However, it is important to note that a change in gender entry must be reported to the registry office three months in advance.
What do relatives and friends have to consider?
There is a passage in the law that is intended to prevent forced outing of people who are not publicly known – i.e. to protect those affected from third parties spreading their previous identity or name without their consent. There are special rules for close relatives. Only in official correspondence, for example with authorities, do they necessarily have to refer to the changed name and gender entry. Otherwise, the so-called ban on disclosure does not apply to them – unless they act “with the intent to cause harm,” as the law states. Then there is a risk of a fine of up to 10,000 euros. In a private context, for example, parents of a child are still allowed to mention their child’s previous name – without having to face legal consequences.
How many people does the new law affect?
The last available data comes from 2021, in which, according to the Federal Office of Justice, there were 3,232 procedures to change gender entries. The Queer Commissioner’s press office assumes that there will be around 4,000 declarations per year in the future.
Does the law also apply to medical interventions?
No. Only the gender entry including the first name change will be re-regulated. The law does not make any regulations for interventions such as gender reassignment measures – even if harsh critics repeatedly claim this.
